AGREEMENT FOR EMPLOYMENT OF SUPERINTENDENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT AND DR.

DAVID YOSHIHARA

THIS AGREEMENT is hereby made and entered into this ____th day of June, 2012, by and between the GOVERNING BOARD (“Board”) of the SAN GABRIEL SCHOOL DISTRICT (“District”) and DR. DAVID YOSHIHARA (“Superintendent” or “Dr. Yoshihara”). NOW, THEREFORE, it is hereby agreed as follows: 1. Superintendent, Chief Executive Officer, and Secretary for the Board

Dr. Yoshihara is hereby employed as the District’s Superintendent. He shall also be the Chief Executive Officer of the Board and shall serve as Secretary to the Board. 2. Term of Employment

The term of this contract shall be for a period of four (4) years, commencing July 1, 2012 and concluding June 30, 2016. 3. General Terms and Conditions of Employment

This contract is subject to all applicable laws of the State of California, the rules and regulations of the California State Board of Education, and the rules and regulations of the District. Said laws, rules and regulations are hereby made a part of the terms and conditions of this contract as though herein set forth. 4. Powers and Duties

All powers and duties which are lawfully delegated to the Superintendent are to be executed in accordance with applicable laws, rules and regulations, including but not limited to the provisions of Education Code Section 35035, the policies adopted by the Board, and the position description for the Superintendent, as adopted and amended from time to time by the Board. Such acts as may require ratification by the Board shall be first presented to the Board President and then presented to the entire Board at the next regularly scheduled Board meeting. The Superintendent shall perform such duties as assigned or required of him by the Board, including but not limited to: (A) Serve as the Chief Executive Officer of the District as described in District policy. The Superintendent shall be delegated all powers and duties necessary to the efficient management and administration of the District to the fullest extent permitted by law. The Superintendent shall have the authority to organize and arrange the administrative and supervisory staff, including instruction, personnel, business and operational affairs, in the manner which in his judgment best serves the District. The responsibility for selection, placement and transfer of existing personnel shall be vested in the Superintendent. Employment of new personnel

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AGREEMENT FOR EMPLOYMENT OF SUPERINTENDENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT AND DR. DAVID YOSHIHARA

shall be recommended by the Superintendent subject to approval by the Board. In the event the Board does not approve the Superintendent’s personnel recommendations, the Superintendent shall submit an alternative recommendation. (B) Working with the Board, District personnel, parents and the public, shall develop short- and long-range goals with clear criteria for determining effective achievement and evaluating outcomes. Represent the interests of the Board and the District in day-to-day contact with parents, other citizens, community and governmental agencies. Provide leadership, guidelines and directions to ensure that policies related to curriculum, instruction, pupil personnel services, personnel, budget and business affairs are implemented. Report at least annually to the Board information regarding student learning and an analysis of student learning and an analysis of student achievement and test scores. Review all policies adopted by the Board and make appropriate recommendations to the Board for addition, deletion or modification. Evaluate employees directly accountable to the Superintendent and oversee the evaluation of other employees as defined by California law and Board policy. Provide leadership and direction in planning and financing school facilities to meet program, demographic and enrollment needs. Advise the Board and make recommendations regarding possible sources of funds which may be available to implement present or contemplated District programs. Endeavor to maintain and improve his professional competency by all available means, including reading appropriate periodicals and joining and/or participating in appropriate professional associations and their activities. Establish and maintain an effective community relations program including effective relationships with the media. Communicate openly, systematically and in a timely manner to the Board, staff and the community, and promptly inform the Board of significant issues or incidents.

(C) (D)

(E)

(F) (G) (H) (I) (J)

(K) (L)

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AGREEMENT FOR EMPLOYMENT OF SUPERINTENDENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT AND DR. DAVID YOSHIHARA

(M) (N) (O) 5.

Provide educational leadership to ensure quality teaching and learning. Provide an annual “State of the District” report at a regularly scheduled Board meeting (generally to be conducted in January or February). Perform other duties and functions as assigned or required by the Board.

Evaluation

The Board shall at least annually evaluate in writing the performance of the Superintendent and the working relationship between the Superintendent and the Board. This evaluation shall be based upon, but not limited to, the Superintendent’s performance of the duties and responsibilities contained in the Superintendent’s job description, along with any written goals or objectives established by the Board with respect to the Superintendent. The format of the written evaluation shall be devised by the Board, with input from the Superintendent. Board policies and any related regulations concerning the evaluation of other management employees shall not apply to the Superintendent. 6. Compensation/Allowances (A) The annual base salary of the Superintendent shall be One Hundred Ninety Nine Thousand Dollars ($199,000.00). The annual salary shall be paid in equal monthly installments, each representing one twelfth of the annual salary. Salary shall be prorated for service less than a full year. The Superintendent shall annually receive a doctoral stipend in the amount of Two Thousand Dollars ($2,000.00) Any adjustment in salary made during the life of this Agreement shall be in the form of an amendment to this Agreement, but it shall not be deemed that the District and the Superintendent have entered into a new agreement nor that the termination date of the existing Agreement has been extended. The Board further reserves the right to increase the Superintendent’s salary at any time. The Superintendent shall take the same furlough days as are generally applicable to other certificated management employees of the District, with a corresponding proportionate reduction in salary.

(B) (C)

(D)

7.

Fringe Benefits, Professional Schedule and Vacation (A) The Superintendent shall be required to render twelve (12) months of full and regular service to the District during each annual period covered by this contract (i.e. July 1 through June 30, prorated for partial years of service), provided,

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AGREEMENT FOR EMPLOYMENT OF SUPERINTENDENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT AND DR. DAVID YOSHIHARA

however, that the Superintendent shall be entitled to twenty-four (24) days of annual vacation with pay, exclusive of holidays defined in Sections 37220 and 37221 of the California Education Code, and any additional local holidays granted by the Board to twelve (12) month certificated management employees of the District. In no event shall the Superintendent be entitled to accrue more than twenty-four (24) days of unused vacation at any one time. In the event of termination of this contract, the Superintendent shall be entitled to compensation for unused vacation at the salary rate in effect at the time the vacation was accrued. In no case shall more than twenty-four (24) days of unused vacation be paid at the expiration or termination of this contract. (B) The Superintendent shall be provided all fringe benefits on the same terms as such benefits are provided to other certificated management employees of the District. Furthermore, in addition to any life insurance policy provided to other certificated management employees, the Superintendent shall receive a term life insurance policy with a premium approximating, but not to exceed, One Thousand Dollars ($1,000.00) per annual period covered by said policy. The Superintendent shall be provided with one (1) day per month sick leave, credited in advance for his current year’s sick leave entitlement upon initial employment with the District. Earned sick leave may be accrued and accumulated as provided by the Education Code and Board rules and regulations.

(C)

8.

Expenses (A) Professional Activities. The District encourages the Superintendent to participate in professional organizations and activities. The District shall pay the Superintendent’s membership dues in ACSA, AASA, CASBO, ASCD, and other relevant local, state, or national organizations as approved by the Board. Professional Meetings. The Superintendent may attend professional meetings at the local, county, state and national levels, and all actual and necessary expenses of attendance shall be paid by the District, provided that prior approval of the Board shall be obtained when the Superintendent attends out-of-state functions. In case of emergency attendance requirement, the President of the Board shall be notified, and the expenses shall be ratified at the next appropriate Board meeting. Outside Professional Activities. The Superintendent may engage in outside professional activities, such as consulting, speaking, and writing, providing such activities do not interfere with the Superintendent’s duties, and subject to prior Board approval.

(B)

(C)

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AGREEMENT FOR EMPLOYMENT OF SUPERINTENDENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT AND DR. DAVID YOSHIHARA

(D)

Cell Phone. The District shall provide the Superintendent with a cellular telephone and a tablet device with cellular service through the term of this agreement at District expense. Automobile. In lieu of any other reimbursement for automobile expense incurred in the conduct of his duties on behalf of the District for travel wholly within Los Angeles County and adjacent counties, the District shall provide the Superintendent an allowance of Five Hundred Dollars ($500.00) per month to defray the Superintendent’s actual costs of employment-related automobile travel. The use of this allowance shall be at the Superintendent’s discretion and shall not require any documentation. This monthly allowance shall be treated and considered as part of the Superintendent’s compensation/salary for tax purposes and for purposes of the State Teachers Retirement System Defined Benefit Plan to the maximum extent permitted by law. Business Expenses. In lieu of any other reimbursement for business expenses incurred in the conduct of his duties on behalf of the District, the Superintendent shall receive a monthly allowance of five hundred dollars ($500.00). The use of this allowance shall be at the Superintendent’s discretion and shall not require any documentation. This monthly allowance shall be treated and considered as part of the Superintendent’s compensation/salary for tax purposes and for purposes of the State Teachers Retirement System Defined Benefit Plan to the maximum extent permitted by law. Relocation. Upon initial employment with the District, the Superintendent shall receive a one-time allowance in the amount of Twelve Thousand Dollars ($12,000.00) for expenses incurred in relocating to a residence in closer proximity to the District.

(E)

(F)

(G)

9.

Medical Examination

The Superintendent shall have a complete medical examination by a District-approved physician every two years. The Superintendent shall file promptly an accurate copy of the examining physician’s report with the Governing Board. All costs of this medical examination shall be borne by the District. 10. Option to Terminate (A) (B) Termination by Mutual Consent. The District and Superintendent may, by mutual agreement expressed in writing, terminate this Contract at any time. Termination by the Board. The Board unilaterally and without cause may terminate this Contract and the Superintendent’s employment. In consideration of Page 5 of 8

AGREEMENT FOR EMPLOYMENT OF SUPERINTENDENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT AND DR. DAVID YOSHIHARA

the Board’s right to terminate this Contract without cause, the Board shall pay the Superintendent’s then current salary for the remainder of the Contract or 18 months, whichever is less, consistent with Government Code Sections 53260 and 53261. Upon termination of this Contract pursuant to this section, the Superintendent shall continue to receive the health benefit contribution to which he was previously entitled for the remainder of this Contract, but not to exceed 18 months, or until the Superintendent finds other employment, whichever occurs first in accordance with Government Code Section 53261. (C) Termination by the Superintendent. Notwithstanding any other provisions of this Contract, the Superintendent shall have the option to terminate this Contract by providing the Board with a written notice of intent to terminate. This notice shall be provided no less than sixty (60) calendar days prior to said termination date. The Superintendent and Board may mutually agree to a termination date of less than sixty (60) calendar days. In the event the Superintendent becomes a candidate for other employment during the term of this Contract, the Superintendent shall, within ten (10) days thereafter, notify the Board in writing of his candidacy. Failure to do so notify the Board of the candidacy shall be deemed to constitute a material breach of this Contract. Termination for Cause. This Contract and the services of the Superintendent may be terminated by the Board at any time for: (1) acts done in bad faith to the detriment of the District; (2) refusals or failures to act in accordance with specific provisions of this Contract or Board directives; (3) material breach of this Contract; or (4) any of the grounds enumerated under Education Code Section 44932. The Board shall not terminate this Contract under this section until a written statement of the grounds for termination has first been served upon the Superintendent. In lieu of any other hearing, the Superintendent shall then be entitled to a conference with the Board within ten (10) work days at which time the Superintendent shall be given a reasonable opportunity to address the Board’s concerns. The Superintendent shall have the right, at his own expense, to have a representative of his choice at the conference with the Board. The Board’s determination following any such conference shall be final. Non-Renewal of Contract. Notwithstanding any other provision of this Contract or the policies and regulations of the Board, the Board may elect not to renew this Contract, and/or not to re-employ the Superintendent upon expiration of this Contract pursuant to Education Code Section 35031. In such event, the Board shall provide the Superintendent with forty-five (45) days written notice in advance of the expiration of his term of employment. If such written notice is not provided, the Superintendent is deemed reemployed for an additional one-year term under the same terms and conditions as set forth in this Contract. The

(D)

(E)

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AGREEMENT FOR EMPLOYMENT OF SUPERINTENDENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT AND DR. DAVID YOSHIHARA

Superintendent shall provide the Board with written notice of the provisions of this Paragraph at least ninety (90) days in advance of the expiration of this Contract. The Superintendent’s failure to do so shall constitute a material breach of this Contract. In the event this Contract is automatically extended for one additional year, any salary increase provided for that year shall not exceed the limit established by Government Code Sections 3511.1 and 3511.2. (F) Abuse of Office. Notwithstanding any other provision of this Contract, and as mandated by Government Code Section 53243 et seq., in the event the Superintendent is convicted of a crime constituting “abuse of office,” the Superintendent shall reimburse the District to the fullest extent mandated by Government Code Section 53243 et seq. (i.e. for paid leave, criminal defense expenditures, or any cash settlement). In the event of such conviction, the District shall make no payments barred by Government Code Section 53243 et seq.

11.

Applicable Law

This Agreement is subject to all applicable laws of the State of California, rules and regulations of the State Department of Education, and Policies of the Board, all of which are a part of the terms and conditions of this Agreement. 12. Severability

If any provisions of this Agreement are held to be contrary to law by final legislative act or a court of competent jurisdiction, inclusive of appeals, if any, such provisions shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions shall continue in full force and effect. 13. Effect Of Agreement

This Agreement is the full and complete agreement between the parties hereto, and supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of the Superintendent by the Board and contains all of the covenants and agreements between the parties with respect to that employment whatsoever. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements have been made by any party which is not embodied herein and no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party. 14. Amendments

Any amendment, modifications, or variations from the terms of this Agreement shall be in writing and shall be effective only upon approval of such amendment, modification, or variation by the Board and the Superintendent. Page 7 of 8

AGREEMENT FOR EMPLOYMENT OF SUPERINTENDENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT AND DR. DAVID YOSHIHARA

15.

Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Photographic copies of such signed counterparts may be used in lieu of the originals for any purpose. IN WITNESS WHEREOF, the parties hereto have duly approved and executed this agreement on the day and year above written. GOVERNING BOARD OF THE SAN GABRIEL UNIFIED SCHOOL DISTRICT _____________________________________ Andrew L. Ammon, President _____________________________________ John Eccleston, Vice President _____________________________________ Philip Hu, Clerk _____________________________________ Denise Menchaca, Member _____________________________________ Matthew C. Stadtler, Member

I hereby accept this offer of employment and agree to comply with each and every condition thereof, and to perform faithfully all of the duties of employment of Superintendent of the San Gabriel Unified School District and Chief Executive Officer of the Governing Board. Date of Acceptance: _____________ ___________________________________ Dr. David Yoshihara

Board Approved: ______________ Page 8 of 8

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